Aviation and Maritime Security Act 1990
| Year | 1990 |
Aviation and MaritimeSecurity Act 1990
1990 CHAPTER 31
An Act to give effect to the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation which supplements the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation; to make further provision with respect to aviation security and civil aviation; to give effect to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf which supplements that Convention; to make other provision for the protection of ships and harbour areas against acts of violence; and for connected purposes.
[26th July 1990]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I
Aviation Security
Endangering safety at aerodromes
1 Endangering safety at aerodromes.
(1) It is an offence for any person by means of any device, substance or weapon intentionally to commit at an aerodrome serving international civil aviation any act of violence which—
(a) causes or is likely to cause death or serious personal injury, and
(b) endangers or is likely to endanger the safe operation of the aerodrome or the safety of persons at the aerodrome.
(2) It is also, subject to subsection (4) below, an offence for any person by means of any device, substance or weapon unlawfully and intentionally—
(a) to destroy or seriously to damage—
(i) property used for the provision of any facilities at an aerodrome serving international civil aviation (including any apparatus or equipment so used), or
(ii) any aircraft which is at such an aerodrome but is not in service, or
(b) to disrupt the services of such an aerodrome,
in such a way as to endanger or be likely to endanger the safe operation of the aerodrome or the safety of persons at the aerodrome.
(3) Except as provided by subsection (4) below, subsections (1) and (2) above apply whether any such act as is referred to in those subsections is committed in the United Kingdom or elsewhere and whatever the nationality of the person committing the act.
(4) Subsection (2)(a)(ii) above does not apply to any act committed in relation to an aircraft used in military, customs or police service unless—
(a) the act is committed in the United Kingdom, or
(b) where the act is committed outside the United Kingdom, the person committing it is a United Kingdom national.
(5) A person who commits an offence under this section is liable on conviction on indictment to imprisonment for life.
(6) Sections 38(3)(b) (period during which aircraft in service) and 38(4) (territorial waters) of the Aviation Security Act 1982 apply for the purposes of this section as they apply for the purposes of that Act; and the references in section 38(7) of that Act (other proceedings) to Part I of that Act and to that Act include references to this section.
(7) Proceedings for an offence under this section shall not be instituted—
(a) in England and Wales, except by, or with the consent of, the Attorney General, and
(b) in Northern Ireland, except by, or with the consent of, the Attorney General for Northern Ireland.
(8) As respects Scotland, for the purpose of conferring on the sheriff jurisdiction to entertain proceedings for an offence under this section, any such offence shall, without prejudice to any jurisdiction exercisable apart from this subsection, be deemed to have been committed in any place in Scotland where the offender may for the time being be.
(9) In this section—
‘act of violence’ means—
(a) any act done in the United Kingdom which constitutes the offence of murder, attempted murder, manslaughter, culpable homicide or assault or an offence under section 18, 20, 21, 22, 23, 24, 28 or 29 of the Offences against the Person Act 1861 or under section 2 of the Explosive Substances Act 1883 , and
(b) any act done outside the United Kingdom which, if done in the United Kingdom, would constitute such an offence as is mentioned in paragraph (a) above;
‘aerodrome’ has the same meaning as in the Civil Aviation Act 1982 ;
‘military service’ and ‘United Kingdom national’ have the same meaning as in the Aviation Security Act 1982 ; and
‘unlawfully’
(a) in relation to the commission of an act in the United Kingdom, means so as (apart from this section) to constitute an offence under the law of the part of the United Kingdom in which the act is committed, and
(b) in relation to the commission of an act outside the United Kingdom, means so that the commission of the act would (apart from this section) have been an offence under the law of England and Wales if it had been committed in England and Wales or of Scotland if it had been committed in Scotland.
Powers of Secretary of State and authorised persons
2. After section 13 of the Aviation Security Act 1982 there is inserted—
S-13A 13A ‘Power to require other persons to promote searches.
(1) For purposes to which this Part of this Act applies, the Secretary of State may give a direction in writing to any person (other than the manager of an aerodrome) who—
(a) occupies any land forming part of an aerodrome in the United Kingdom, or
(b) is permitted to have access to a restricted zone of such an aerodrome for the purposes of the activities of a business carried on by him,
requiring him to use his best endeavours to secure that such searches to which this section applies as are specified in the direction are carried out by constables or by other persons of a description specified in the direction.
(2) The searches to which this section applies are—
(a) in relation to a person falling within subsection (1)(a) above, searches—
(i) of the land which he occupies within the aerodrome, and
(ii) of persons or property which may at any time be on that land; and
(b) in relation to a person falling within subsection (1)(b) above, searches—
(i) of any land which he occupies outside the aerodrome for the purposes of his business, and
(ii) of persons or property which may at any time be on that land.
(3) Any person who, without reasonable excuse, fails to comply with a direction given to him under this section shall be guilty of an offence and liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
(4) Where a person is convicted of an offence under subsection (3) above, then, if without reasonable excuse the failure in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding one-tenth of level 5 on the standard scale for each day on which the failure continues.’
3 Extension of Secretary of State's powers under section 14 of Aviation Security Act 1982.
(1) In section 14 of the Aviation Security Act 1982 and (2) there is substituted—
(1) Subsection (1A) below applies to any person who—
(a) is the operator of one or more aircraft registered or operating in the United Kingdom,
(b) is the manager of an aerodrome in the United Kingdom,
(c) occupies any land forming part of an aerodrome in the United Kingdom, or
(d) is permitted to have access to a restricted zone of such an aerodrome for the purposes of the activities of a business carried on by him.
(1A) Subject to the following provisions of this section, the Secretary of State may give a direction in writing to any person to whom this subsection applies requiring him to take such measures for purposes to which this Part of this Act applies as are specified in the direction—
(a) in the case of a direction given to a person as the operator of any aircraft, in respect of all the aircraft registered or operating in the United Kingdom of which (at the time when the direction is given or at any subsequent time) he is the operator, or in respect of any such aircraft, or any class of such aircraft, specified in the direction;
(b) in the case of a direction given to a person as the manager of an aerodrome, in respect of that aerodrome;
(c) in the case of a direction given to a person as a person occupying any land forming part of an aerodrome, in respect of any such land as is specified in the direction; and
(d) in the case of a direction given to a person as a person who is permitted to have access to a restricted zone as mentioned in subsection (1)(d) above, in respect of such activities carried on by that person in that zone as are specified in the direction.
(2) Without prejudice to the generality of subsection (1A) above, the measures to be specified in a direction given under this section to any person to whom that subsection applies may include the provision by that person of persons charged with the duty (at such times as may be specified in the direction)—
(a) where the direction is given to a person as the operator of aircraft, of guarding the aircraft against acts of violence;
(b) where the direction is given to a person as the manager of an aerodrome, of guarding the aerodrome, or persons or property (including aircraft) in any part of the aerodrome, against acts of violence;
(c) where the...
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